ITO - 27 (1)(4), MUMBAI vs. DHARMESH BABULAL PATEL, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s order, agreeing that only the profit element embedded in bogus purchases can be added to the income. The Tribunal found the CIT(A)'s decision to be in line with High Court precedents.
What were the facts?
The Assessing Officer (AO) reopened the assessment of the assessee based on information about bogus bills from hawala dealers. The assessee failed to respond to notices, and the AO added the full amount of bogus purchases to the income. The CIT(A) restricted the addition to 12.5% of the bogus purchases.
What were the issues?
Whether the addition for bogus purchases should be the entire amount or only the profit element. Whether the CIT(A) erred in restricting the addition to 12.5%.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Simit P. Sheth1,465 citing356 ITR 451 · 2013 · HC
- Vijay Proteins Ltd. v. Asst. CIT430 citing58 ITD 428 · 1996 · ITAT
Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI
Before: SHRI S. RIFAUR RAHMAN (AM) & SHRI RAM LAL NEGI (JM)
O R D E R
PER RAM LAL NEGI, JM
This appeal has been filed by the revenue against the order dated 21.06.2018 passed by the Commissioner of Income Tax (Appeals)-24 (for short ‘the CIT(A), Mumbai, for the assessment year 2009-10, whereby the Ld. CIT(A) has partly allowed the appeal filed by the assessee against the assessment order passed u/s 144 r.w.s 147 of the Income Tax Act, 1961 (for short the ‘Act’).
The assessee filed its return of income for the assessment year under consideration declaring nil income. Since, the AO received information from DGIT (Inv.) that the assessee during the previous year had obtained bogus bills from three hawala dealers amounting to Rs. 61,269/-,without actual purchasing goods. On the basis of the said information, the AO reopened the assessment after issuing notice u/s 148 of the Act to the assessee after recording the reasons for reopening of the return. Accordingly, the AO issued notice u/s 142 (1) and 143 (2) of the Act. However, the assessee did not respond to the said notices. The AO again issued letter to the assessee to Assessment Year: 2009-10 furnish the details regarding the purchases made from hawala dealers. Again, the assessee did not respond to the said letter. Accordingly, the AO completed the assessment u/s 144 read with 147 of the Act and after making interalia the amount of bogus purchases to the income of the assessee determined the total income at Rs. 5,77,550/-. The assessee challenged the assessment order before the CIT(A). The Ld. CIT(A) after hearing the assessee restricted the addition to 12.5% . Against the said order, the revenue is in appeal before the Tribunal. 3. The revenue has challenged the impugned order passed by the Ld. CIT (A) on the following effective grounds:- “1. On the facts and circumstances of the case and in law, the Ld. CIT (A) erred in deleting the addition of Rs. 53,611/- made by the Assessing Officer on account of bogus purchases, without appreciating the fact that the assesse had failed to produce bills, vouchers and other documentary evidences in support of his claim and without considering the latest Apex Court decision in the case of N K Protein Ltd. wherein it is held that once it is proved that the purchases are bogus then addition should be made on entire purchases and not on profit element embedded in such purchases. 2. On the facts and circumstances of the case, the Ld. CIT (A) erred in estimating the profit from Hawala purchases by disallowing only Rs. 7,658/-, being 12.5% of the bogus purchases as even the basic onus of producing transportation documents, inward register etc. were not fulfilled by the assesse.”
This case was fixed for hearing on 26.09.2019. However, on the said date, when the case was called out for hearing, none appeared on behalf of the assessee. From the record, we observed that the assessee had not appeared despite service of notice. The notice issued on 27.08.2019 has not received back un-served. Hence, we decided to dispose of the appeal on the basis of material on record after hearing the Departmental Representative (DR).
The Ld. DR submitted before us that since the assessee had failed to discharge the onus of proving genuineness of the transaction of purchase by Assessment Year: 2009-10 adducing cogent evidence, the Ld. CIT(A) ought to have confirmed the addition made by the AO in accordance with the law laid down by the Hon’ble Gujarat High Court in the case of N.K. Proteins Ltd. [1996] 58 ITD 428. The Ld. DR further submitted that Since the AO has made the addition considering the profit embedded in the questioned transaction, the order of the Ld. CIT(A) is erroneous and the same is liable to set aside. 6. We have carefully gone through the relevant record including the cases relied upon by the authorities below. We are convinced from the material on record that the assessee has failed to establish the genuineness of the purchases in question by adducing cogent and convincing evidence. The notices issued by the AO were received back un-served. The assessee also failed to produce the parties before the AO for verification. Hence, in our considered view, the AO has rightly concluded that the assessee has not made the questioned purchases from the parties mentioned in the books of account of the assessee. However, the AO has not rejected the sale of the goods so purchased. The above-mentioned facts give rise to the conclusion that the assessee had purchased the goods in question from grey market and evaded the tax applicable during the relevant period. Under these circumstances, the AO had no option but to make an addition on estimation basis considering the applicable rate of VAT or other taxes and the profit embedded in the said transaction. In the first appeal the Ld. CIT(A) has restricted the addition to 12.5%, holding that the estimate reached at by the AO is on much higher side. The operative part of the decision of the Ld. CIT (A) reads as under:- “I am of the opinion that the facts and circumstances of the present case are more akin to the cases decided by the Hon’ble High Court in the case of Smit P seth (supra). Therefore, I hereby confirm the disallowance to the extent 12.5% amounting to Rs. 7,658/- of the so called bogus purchases made by the Ld. AO.”
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- M/S Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026